340 Review: Le Quesne's Constitutional History of Jersey. There is one defect in this volume, lite- to do so by the jurats. He may temporarily rally on the threshold, for there is no suspend the decisions of the States by his disAnalysis or Table of Contents. It must, senting vote; but he is in that case bound to however, be admitted that it closes with state his reasons to the Secretary of State for adopting that course. a copious index, but still a general state"The bailiff is a very influential member of tent of the subjects of each chapter is de- the assembly of the governor, bailiff, and sirable, if not absolutely necessary. The jurats; to which body is confided the adminisalphabetical index, indeed, supplies a refe- tration of nearly one half of the Island revenue; rence to the pages where any matter sought he is also president of the Prison Board, and for may be found; but to the majority of of the Council for Victoria College. readers it is requisite that the methodical arrangement of the work should be set forth, in order that its scope may be seen at once, and the topics contained in each chapter readily ascertained. This omission is, to some extent, supplied by the Author's preface, from which we have described the object and nature of his labours, and shall now add some extracts showing the constitution of the Courts at Jersey and the mode of administering justice there, which we conceive will be interesting to our readers. "The Royal Court of the Island of Jersey is composed of the bailiff and of 12 jurats. Then there are the attorney-general, the vicompte or sheriff, the solicitor general, the greffier or clerk of the Court, six advocates, and two dénonciateurs. The Bailiff is the chief justice of the island. This office is of very ancient Norman institution. The name is probably derived from the Latin word bajulus, which signifies protection. The bailiff is therefore, according to Loyseau, un juge de protection. There is something peculiarly happy and appropriate in this view of the office. To protect the poor against the exactions and oppressions of the powerful, to bring the feudal seigneurs in subjection to law, to substitute right for might, and to administer justice impartially to all, were among the chief objects of the creation of bailiffs. "The nomination of the bailiff rests with the Crown. The office has usually been given for life, but it is now durante bene placito. The bailiff has the right of appointing a lieutenant bailiff, who acts in his absence, and who is bound by a similar oath. "The bailiff is the president of the Court, but he does not constitute the Court. He must be assisted on the bench by two jurats in ordinary cases; by three, in matters relative to real property; and by at least seven jurats, as a full Court, in cases of appeal; or in criminal trials, by the grand jury, or grande enquête. "The office of bailiff is one of influence and importance. He is not only the president of the Court, but, ex officio, president of the States, or Legislative Assembly of the Island. The States can be convened only by him with the sanction of the governor; but he is bound to call a meeting of that body when requested It is perhaps not too late to supply this deficiency. "The bailiff has the nomination of the adrocates, the greffier or clerk of the Court, the registrar of contracts or deeds relative to the sale or transfer of real property, the two dénonciateurs or sheriffs, the écrivains or attorneys, and the huissier or usher of the Court. "No person can be put in prison, whether for debt or under accusation of crime (except by a judgment of one of the Courts), without the sanction of the bailiff, or of a jurat authorised by him for that purpose; no coroner's inquest can be held without his written order; and no theatrical performance of any kind can take place without his permission. "The salary of the bailiff is very moderate. He receives 3007, per annum from the Crown, out of the Crown revenues in the Island, and the remainder is made up by fees. The amount derived from the office may altogether be about 8007. annually.” "The Jurats are twelve in number, and are elected by the people. They are called jurés justiciers, or sworn justiciars. According to the constitution, they are to be natives of the Island, and chosen from their love of justice, their knowledge of the laws and customs of their country, and their loyalty to their sovereign. The office is for life; nor can a jurat resign without the express sanction of her Majesty in Council.” "The attorney-general, the vicomte, and the solicitor-general are appointed by the Crown. They each receive a fixed salary from the That of the attorney-geneCrown revenues. ral is 100l. per annum, the vicomte has the same salary, and the solicitor-general receives 501. per annum; but the attorney-general and the solicitor-general are allowed to practise as advocates in all cases in which the Crown and the public are not concerned; and the vicomte receives annually a large sum from fees. "The institution of the offices of Procureur-Général and Avocat Général is very ancient. From the trust and confidence which are to be reposed in them, and from the important nature of their duties, the procureurgénéral and the avocat-général should be men possessed of judgment and moderation, of great legal acquirements and experience, and of great knowledge of the world. Their opinion should carry great weight; and the procureur is often called upon to state his views, particularly in criminal proceedings. Review: Le Quesne's Constitutional History of Jersey-Law of Costs. 341 "The Greffier is the clerk of the Court, and also of the States. The office is one of trust and responsibility, as the greffier is the keeper of the records. He should be well versed in the laws of the land, and in the practice of the Court. It often occurs in an action for debt that the parties are sent before the greffier by the Court to make their statements and his objections to the claim, and the plaintiff his reasons for making it; and the greffier makes a report of the whole to the Court. The greffier in these cases is called le Greffier Arbitre. "The advocates are appointed by the bailiff, and the number is limited to six. They not only take the oath of office on their admission to the Bar, but they repeat it twice a year at the Assize d'Héritage. They are bound to plead gratuitously for the poor, et personnes indéfendues; and every person brought before the Court under accusation of crime has the advantage of being defended by an advocate." He is always to be listened to with deference official part in the proceedings, except as his by the Court, and his opinion is to be seriously assistant." considered. He is, from his office, public prosecutor. No individual is allowed to prosecute for crime, except the attorney-general, on behalf of the Crown. All reports of the police to the Royal Court are to be presented through him, and the accusations against prisoners, in consequence of those written reports, are brought forward by him. He is often consulted by the police in matters of difficulty, and they are guided by his instructions. He counter-statements; the defendant to adduce may at any time before the trial by a jury abandon a prosecution for crime, if he believes the evidence to be insufficient in support of the accusation. He is the upholder of public order, and can prosecute for all crimes and misdemeanors. There is no expense attending a public prosecution. The attorney-general prosecutes in virtue of his office; the prisoner may select his counsel, or counsel will be appointed for the defence, by the Court, without any charge or gratuity. The parties under accusation have therefore every assistance which they can require, and crime is prosecuted without any expense to individuals or to the public, and without any feeling of bitterness on the part of the prosecutor. The dignity and the empire of law are thus maintained, and the prisoner has every guarantee of a fair and impartial trial. When a verdict is given by a OF THE DAY, WHERE NEITHER PLAINTIFF jury, whether of acquittal or guilt, the attorney-general draws his conclusions, as it is NOTICE of trial was given for the Assizes, termed, or states his opinions to the Court, that in the former case the prisoner be dis- but when the case was called on, the plaintiff's charged, and in the latter what punishment clerk, who was in attendance, did not either he considers should be inflicted. The Court proceed with the cause or withdraw the record, never pronounces sentence without having and no one appearing for the defendant, the previously heard the procureur-général; and it is invariably stated, in the judgment of the Court, that sentence is pronounced 'après que le prisonnier a été entendu en toutes ses raisons et allégations par le moyen de son avocat, et le procureur-général a été oui.' LAW OF COSTS. NOR DEFENDANT APPEARS. cause was struck out. On a rule nisi being obtained to set aside the side bar rule obtained by the defendant for the taxation of his costs of the day, Pollock, L. C. "The Grande Enquête du Pays, which is the B., said, "The question in this case was, whejury of appeal, is composed of 24 men, who ther the defendant is entitled to the costs of are chosen and summoned by the procureur- the day for not proceeding to trial, where général. The prisoner may challenge any of neither the plaintiff nor he attended, in pursuthese jurymen; but still the selection of them should not rest with the attorney-general, who is the public prosecutor. The duty is performed with great impartiality and fairness, but the principle of selection is vicious. ance of the notice of trial, in consequence of which the cause was struck out. We are of opinion that, under these circumstances, the defendant is not entitled to such costs. Our that it was entirely owing to the defendant's judgment is founded upon this short ground, "The presence of the attorney-general or solicitor-general is necessary at every meeting of the Royal Court and at a coroner's inquest. In the latter case the vicomte is the coroner; own fault that any useless costs were incurred, but the attorney-general is the person who in- for if he had duly attended at the trial he might quires into all the facts of the case, and who have nonsuited the plaintiff. But as he was examines the witnesses, and a report is made by the vicomte to the Court of the proceedings not in attendance, both parties are in pari deand of the verdict of the hommes de la levée licto; and the person who is equally in fault de corps. with the other side cannot ask the Court for costs which are the consequence of the neglect in which he concurred, and which was the "The duties of the solicitor-general are subordinate to those of the procureur. In the absence of the procureur the avocat-général replaces him as stipulant l'office du procureur- cause of the mischief whereof he complains. général; but in his presence he can take no A case was cited by the defendant's counsel of 342 Law of Costs.-Exclusion of Attorneys as Justices of the Peace. scarcely did any business out of the Superior Courts, and were in his mind eminently qualified to act as magistrates. Mr. Rice suggested that the exclusion should be confined to those who actually practised before the county magistrates. 300 Solicitors had been appointed as Mayors for the several boroughs, and the manner in which they had discharged their duties was an unequivocal proof of their fitness. Allott v. Bearcroft, 4 D. & L. 327, on which I remarked during the argument, that the question whether the party was entitled to costs was not then before the Court; and what the learned Judge is reported to have said, viz., that if the defendant could show that any costs of the day have been incurred in conse- Mr. Hadfield said, that such course was exquence of that default, he ought to have them,' actly that sought for by the petitions he had could hardly be taken to have reference to a presented from the Yorkshire Law Societies. case in which the default was one in which the Unless the knowledge of the duties of an defendant himself participated. The case of office was a disqualification for filling it, no Newton v. Chaplin, 7 C. B. 774, was relied persons were better qualified for the magisupon by the plaintiff's counsel, where the tracy than the members of the Legal ProfesCourt of Common Pleas ap; ear to have thought | sion. Since the Municipal Act, no fewer than a plaintiff not entitled to the costs of the day when he had not appeared. There, a special jury had been obtained by the defendent, the jury were nominated and reduced, and the cause was called on; but no special jury being in attendance, the cause was struck out. The plaintiff applied for a rule calling on the defendant to show cause why he should not pay the costs of the day, imputing to him negligence Mr. Ewart remarked, that in Scotland there in not insuring the attendance of the jury. The was no such disqualification for the magisCourt thought that the plaintiff might have tracy, except as to practitioners in the Inferior summoned the jury himself; but, at all events, that he ought to have appeared at the trial. It is not necessary to make any further reference to the cases; for if the defendant had been present at the trial, the costs he now seeks to recover would not have been thrown away. The rule must, therefore, be absolute to discharge the side bar rule." Morgan v. Fernyhough, 11 Exch. 205. EXCLUSION OF ATTORNEYS AS JUSTICES OF THE PEACE. IN the debate on the second reading of this Bill, which took place on Wednesday last, several Members spoke in favour of the fitness of Solicitors to act as Justices of the Peace in counties as well as boroughs. Mr. Bankes said, if the exclusion were retained, it should be in a manner that did not cast any reflection on so numerous and respectable a class of persons. Courts. Mr. Laslett said, he should be wanting in the performance of his duty, did he not raise his voice in favour of the right of the Profession in which he once practised, to take a share in the magistracy of the country. Besides the Yorkshire petitions, another was presented from Liverpool, of which we subjoin a copy : To the Honourable the Commons of the United The Petition of the Practising Attorneys and HUMBLY SHEWETH, That your petitioners observe with regret, that in a Bill recently introduced into your Honourable House to amend the Law relating to the Qualifications of Justices of the Peace, a county, riding, or division, during such time as he shall continue to practise as an Attorney, Solicitor, or Proctor. Mr. Bass approved of the Bill generally, but clause is proposed declaring, that no Attorney, was opposed to one of the clauses which ex- Solicitor, or Proctor in any Court shall be cacluded Solicitors and Attorneys from the Com-pable of being a Justice of the Peace for any mission of the Peace. No such exclusion existed in the borough magistracy, and ought not be allowed in that of the counties. They That the Legislature has long since allowed were a class of men every way suited for the the appointment of Attorneys and Solicitors as proper discharge of the magisterial duties. Justices of the Peace for any city or town being a county of itself, or for any city or town havPersons, however, who were themselves pracing Justices of the Peace within their respectising at Petty Sessions should not be appoint-tive limits and precincts, by charter, commised, but there was a class of gentlemen who sion, or otherwise. Exclusion of Attorneys as Justices of the Peace.-Jurisdiction of County Courts. That by the Municipal Corporation Act, Attorneys and Solicitors are not excluded from holding the offices of Mayor or Chief Officer of cities or boroughs, and that by the said Act all who are elected to and hold such offices are Justices of the Peace by virtue thereof. That the eligibility of Attorneys and Solicitors to hold such offices is evidenced by the fact, that since the passing of the said Munici. pal Corporation Act, nearly 300 of their body have been elected by their fellow citizens and burgesses to the office of Mayor, and consequently to the office of Justice of the Peace during their respective Mayoralties, and for the ensuing year. That in Scotland, Advocates, Writers to the Signet, and Solicitors in the Supreme Courts, are frequently appointed Justices of the Peace, the only disqualification being, that they shall not be allowed to act, so long as they shall practise in any inferior Court.' 343 any other business usually transacted be- And your petitioners will everpray, &c. Law Society, reLiverpool EDWARD BANNER, President. JURISDICTION OF COUNTY COURTS. UNDER NUISANCES' REMOVAL ACT, 1848, A PLAINT was issued in the Hertford County Court for the recovery of a sum of 361. paid by on the abatement of a nuisance on certain preguardians of the poor of the Hertford Union mises, of which the defendants were owners, in pursuance of an order of two justices of the peace under the 11 & 12 Vict. c. 123. Section 3 of this Acts directs the amount tices. That your petitioners are at a loss to under-paid for abating a nuisance to be recoverable stand, why, if the Legislature recognizes the either in the County Court or before two juseligibility of Attorneys and Solicitors to act as Justices of the Peace in cities and boroughs, they should not be equally eligible to act as Held, that the County Court had jurisdiction, such in counties, and also, why any distinction although the title to the land in which the in this respect should be made between Attor-nuisance existed came in issue. neys and Solicitors in England, and Writers to the poor of Hertford Union v. Kingston and Guardians of the Signet and Solicitors in Scotland. another. 11 Exch. 295. JURISDICTION.-PROHIBITION, WRIT OF. That the proper discharge of the duties of Justices of the Peace, requires some degree of legal knowledge, and your petitioners submit, WHERE DEFENDANT NOT RESIDENT WITHIN that it is injudicious to confine the choice of persons to fill that responsible office, by excluding the only class of men, widely diffused over all parts of the country, who have received an education peculiarly fitting them for the due fulfilment of its duties. "The result of Borthwick v. Walton, 15 C.' B. 501, and of the true construction of the 60th section of 9 & 10 Vict. c. 95, is that where the defendant does not reside within the jurisdiction, the whole cause of action must arise within the jurisdiction of the County Court, in That your petitioners think the appointment of Attorneys and Solicitors as Justices of the Peace, not only in cities and boroughs, but also in counties, should be allowed by the Le-order to give the Judge jurisdiction,"-per gislature, but that such provision should be Alderson, B. accompanied by an express prohibition against their acting professionally in General or Petty Sessions, thus placing them on a footing similar to that of Writers to the Signet and Solici tors in Scotland. Your petitioners therefore humbly pray, that your Honourable House will not allow the before-mentioned provision contained in the said Bill to pass into a Law, but will enact in lieu thereof, that any Attorney. Solicitor, or Proctor acting as a Justice of the Peace for any county, riding, or division, shall be prohibited from practising professionally, either directly or indirectly, in any General or Petty Sessions, or in The writ of prohibition to the Judge of a County Court from further proceeding in a matter over which be has no jurisdiction, is a writ of right, but not of course. Its true nature and character were pointed out by Mansfield, C. J., in the case of Buggin v. Bennett, 4 Burr. 2037, viz., that where a party has established the facts upon which he founds his application to the satisfaction of the Court, he is entitled to the writ as of right. has no jurisdiction to determine a plaint does A party who objects that the County Court not acquiesce in the jurisdiction of that Court, 1 It is stated in Burton's Manual of the Law or waive his right to a writ of prohibition by of Scotland (p. 23) that "no Procurator before obtaining from the Judge the statement of a an Inferior Court can Act as a Justice of the case for the opinion of a Superior Court. Peace." There appears to be no other restric-Jackson v. Beaumont, 11 Exch. 300. tion.-ED. L. 0. 344 Sheriffs, Under-Sheriffs, &c., for 1856. SHERIFFS, UNDER-SHERIFFS, &c., Note.-WARRANTS are not granted in Town for those Places marked (*)—The Term *Exeter, City of *Gloucestershire : : ::::: :: Robert Smith Surtees, of Hamsterley Hall, Gateshead, Esq. .. Robert Hills, of Colne Engaine, Esq. William Buckingham, of Exeter, Esq. Sir Charles R. Rushout, of Sezincote House, near Moreton-in-Marsh, John Michael Butt, of Kingsholm, Esq. James Edward Bradshaw, of Fair Oak Park, near Winchester, Esq. Hampshire Herefordshire |